Law: Punjab Pre-emption Act, 1913

Section: 7,15,16,8(2)

Law: Punjab Pre-emption Act, 1913

Section: 7,15,16,8(2)

Punjab Pre-emption Act (I of 1913)-------Ss. 7, 15, 16 & 21---Suit for pre-emption---Maintainability---Suit having concurrently been decreed by the Trial Court and. Appellate Court, defendants/vendees had assailed said concurrent s and decrees alleging that courts below had acted illegally and with material irregularity by treating the suit of pre-emptors under S.15 of Punjab Pre-emption Act, 1913---Contention of pre-emptors was that it was established on record that suit property in fact being urban immovable property at the time of sale, matter should have been decided in terms of S.16 of Punjab Pre-emption Act, 1913---Defendants had contended that courts below were bound to dismiss suit within the meaning of S.7 of Punjab Pre-emption Act, 1913 and that main pre-emptor having died during pendency of their suit, the right of pre-emption being not heritable, suit had abated and was liable to be dismissed as such---Defendants had tried to. refer to oral evidence in order to prove that suit property at the time of sale had assumed the nature of urban immovable property, but same was neither convincing nor confidence inspiring in order to set aside concurrent findings of two courts below---Under Islamic Law, in case of death of pre-emptor during pendency of suit, his right of pre-emption would be extinguished and suit filed by him could not be prosecuted further by the heirs of deceased pre-emptor, but present suit was not filed under Islamic Law, but was filed in terms of Punjab Pre-emption Act, 1913---Punjab Pre-emption Act, 1913 provided that right of pre-emption was heritable, whether based on proprietary qualifications or on relationship---Objection of defendants was overruled, being not legally sustainable---Findings of' two courts below were neither based on misreading nor on non-reading of evidence, nor same suffered from any jurisdictional defect, calling for interference of High Court. Malik Ghulam Nabi and others v. Member (III), Board of Revenue and 5 others PLD 1990 SC 1043 and Allah Dad and others v. Hukam Dad and others PLD 1960 (W.P.) Lah. 900 rel. Maqbool Elahi Malik for Petitioners. Syed Murtaza Ali Zaidi for Respondents. Date of hearing:…

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